Authorizes the issuance of a retail liquor license to a business that is otherwise prohibited from obtaining a license based upon their geographic location.

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S3560-2013 Actions

• Mar 21, 2013: ADVANCED TO THIRD READING
• Mar 20, 2013: 2ND REPORT CAL.
• Mar 19, 2013: 1ST REPORT CAL.229
• Feb 5, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S3560-2013 Meetings

Commerce, Economic Development and Small Business: Mar 19, 2013

S3560-2013 Calendars

Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013 , Floor Calendar: Mar 26, 2013 , Floor Calendar: Mar 27, 2013 , Floor Calendar: Apr 15, 2013 , Floor Calendar: Apr 16, 2013 , Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013 , Floor Calendar: May 29, 2013

S3560-2013 Votes

S3560-2013 Memo

BILL NUMBER:S3560

TITLE  OF BILL:   An act to amend the alcoholic beverage control law, in
relation to providing an exemption for a retail liquor license

SUMMARY OF PROVISIONS:

Section 1 authorizes the  State  Liquor  Authority  to  issue  a  retail
license  for  on-premises  consumption  of  alcohol for a premises which
shall be located within two hundred feet of a building  occupied  exclu-
sively  as  a  school  per  a Predetermined boundary as outlined in this
section.

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of this bill is  to  allow
the  Brooklyn Botanic Garden to sell alcohol for on-premises consumption
at one of its facilities.

JUSTIFICATION:  After Brooklyn Botanic Garden completed construction  on
its  new  Visitor Center in 2012, it was determined that the entrance to
the facility that housed as its new banquet hall was within 200 feet  of
a  school,  even though the banquet space itself is located considerably
outside of the restriction zone. There had been a mistake in  the  meas-
urement  process and as a result, the facility is presently only allowed
to serve wine and beer.

This legislation is necessary to correct  that  mistake  and  allow  for
alcohol to be served in the Garden's new banquet space. The construction
of  the  Visitor Center enjoyed a wide array of community support and it
was made clear from the beginning of the process that  it  was  intended
for  this  space to serve alcohol. There is no anticipated opposition to
this legislation. In addition, without this  license,  the  Garden  will
continue to lose out on much needed revenue that was intended to support
their  focus  of  providing an enriching horticulture experience for all
its visitors.

LEGISLATIVE HISTORY:  This is new legislation.

EFFECTIVE DATE:  This act shall take effect immediately.

S3560-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3560

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 5, 2013
                                 ___________

  Introduced by Sens. ADAMS, MONTGOMERY -- read twice and ordered printed,
    and when printed to be committed to the Committee on Commerce, Econom-
    ic Development and Small Business

  AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
    providing an exemption for a retail liquor license

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivision  7  of  section  64 of the alcoholic beverage
  control law is amended by adding  a  new  paragraph  (e-5)  to  read  as
  follows:

    (E-5) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
  SION,  THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
  TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF  A
  BUILDING  OCCUPIED  EXCLUSIVELY  AS  A  SCHOOL,  PROVIDED  SUCH PREMISES
  CONSTITUTE A PREMISES FOR THE SALE OF FOOD OR BEVERAGES  AT  RETAIL  FOR
  CONSUMPTION  ON THE PREMISES LOCATED WHOLLY WITHIN THE BOUNDARIES OF THE
  BOROUGH OF BROOKLYN IN THE COUNTY OF KINGS AND THE  CITY  OF  NEW  YORK,
  BOUNDED AND DESCRIBED AS FOLLOWS:

    BEGINNING AT A POINT ON THE WESTERLY SIDE OF WASHINGTON AVENUE DISTANT
  636.45  FEET  SOUTHERLY  FROM  THE INTERSECTION OF THE SOUTHERLY SIDE OF
  EASTERN PARKWAY AND WESTERLY SIDE OF WASHINGTON AVENUE, SAID POINT BEING
  THE POINT OF BEGINNING; RUNNING THENCE SOUTHERLY ALONG THE WESTERLY SIDE
  OF WASHINGTON AVENUE, A DISTANCE OF 345.43 FEET; THENCE  WESTERLY  ALONG
  THE  LINE  FORMING  AN  INTERIOR  ANGLE  WITH  THE PREVIOUS COURSE OF 90
  DEGREES 00 MINUTES 00 SECONDS, A DISTANCE OF 122.68 FEET; THENCE  NORTH-
  ERLY  ALONG  THE LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE
  OF 58 DEGREES 50 MINUTES 53 SECONDS, A DISTANCE OF 123.94  FEET;  THENCE
  NORTHERLY  ALONG  THE  LINE  FORMING AN EXTERIOR ANGLE WITH THE PREVIOUS
  COURSE OF 159 DEGREES 18 MINUTES 33 SECONDS, A DISTANCE OF  36.59  FEET;
  THENCE  NORTHERLY  ALONG  THE  LINE  FORMING  AN EXTERIOR ANGLE WITH THE
  PREVIOUS COURSE OF 169 DEGREES 36 MINUTES  23  SECONDS,  A  DISTANCE  OF

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06826-01-3

 S. 3560                             2

  26.26  FEET;  THENCE  WESTERLY  ALONG THE LINE FORMING AN EXTERIOR ANGLE
  WITH THE PREVIOUS COURSE  OF  123  DEGREES  49  MINUTES  33  SECONDS,  A
  DISTANCE  OF  58.57 FEET; THENCE SOUTHWESTERLY ALONG THE LINE FORMING AN
  EXTERIOR  ANGLE  WITH  THE  PREVIOUS COURSE OF 129 DEGREES 53 MINUTES 13
  SECONDS, A DISTANCE OF 108.38 FEET; THENCE WESTERLY, A DISTANCE OF 84.05
  FEET ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 192.59 FEET,  AND
  HAVING  A  CENTRAL  ANGLE  OF  25�00'14"; THENCE WESTERLY, A DISTANCE OF
  58.94 FEET ALONG A CURVE TO THE RIGHT, WHICH  HAS  A  RADIUS  OF  181.42
  FEET,  AND  HAVING  A  CENTRAL  ANGLE  OF  18�36'54". THENCE WESTERLY, A
  DISTANCE OF 354.56 FEET; THENCE NORTHERLY  ALONG  THE  LINE  FORMING  AN
  INTERIOR  ANGLE  WITH  THE  PREVIOUS  COURSE OF 90 DEGREES 14 MINUTES 09
  SECONDS, A DISTANCE OF 114.49 FEET; THENCE EASTERLY ALONG THE LINE FORM-
  ING AN EXTERIOR ANGLE WITH THE PREVIOUS COURSE OF 286 DEGREES 53 MINUTES
  22 SECONDS, A DISTANCE OF 7.54 FEET;  THENCE  EASTERLY  ALONG  THE  LINE
  FORMING  AN  INTERIOR  ANGLE  WITH THE PREVIOUS COURSE OF 195 DEGREES 07
  MINUTES 53 SECONDS, A DISTANCE OF 159.88 FEET; THENCE EASTERLY ALONG THE
  LINE FORMING AN INTERIOR ANGLE WITH THE PREVIOUS COURSE OF  193  DEGREES
  52  MINUTES 57 SECONDS, A DISTANCE OF 161.51 FEET; THENCE WESTERLY ALONG
  THE LINE FORMING AN INTERIOR ANGLE  WITH  THE  PREVIOUS  COURSE  OF  257
  DEGREES  31  MINUTES  43  SECONDS,  A  DISTANCE  OF  116.17 FEET; THENCE
  NORTHEASTERLY, A DISTANCE OF 7.07 FEET ALONG A NON-TANGENT CURVE TO  THE
  RIGHT,  HAVING A RADIUS OF 4.50 FEET, A CENTRAL ANGLE OF 89�59'10" AND A
  CHORD OF 6.36 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE WITH THE  PREVI-
  OUS  COURSE  OF 135 DEGREES 01 MINUTES 12 SECONDS; THENCE EASTERLY ALONG
  THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD  OF  THE  ABOVE-REFER-
  ENCED  CURVE  OF 135 DEGREES 01 MINUTES 17 SECONDS, A DISTANCE OF 135.59
  FEET; THENCE EASTERLY, A DISTANCE OF  81.93  FEET  ALONG  A  NON-TANGENT
  CURVE  TO  THE  LEFT, HAVING A RADIUS OF 272.93 FEET, A CENTRAL ANGLE OF
  17�11'59" AND A CHORD OF 81.63 FEET, WHICH CHORD MAKES AN INTERIOR ANGLE
  WITH THE PREVIOUS COURSE OF 186 DEGREES 52 MINUTES  37  SECONDS;  THENCE
  EASTERLY  ALONG THE LINE FORMING AN INTERIOR ANGLE WITH THE CHORD OF THE
  ABOVE-REFERENCED CURVE OF 192 DEGREES 21 MINUTES 11 SECONDS, A  DISTANCE
  OF  38.24 FEET; THENCE EASTERLY ALONG THE LINE FORMING AN INTERIOR ANGLE
  WITH THE PREVIOUS COURSE  OF  183  DEGREES  09  MINUTES  51  SECONDS,  A
  DISTANCE OF 21.53 FEET TO THE POINT OF BEGINNING.
    S 2. This act shall take effect immediately.